The website operated at www.techeasy.ca and such other locations as made available from time to time (collectively, the “Website”) and the services offered from the Website (the “Services”) are operated by TechEasy Inc. and its corporate affiliates (collectively, “TechEasy,” the “Company,” “us”, “we” or “our”).
- the Peace-of-Mind Policy (as defined below) located at this link;
- the Deposit and Cancellation Policy (as defined below) located at this link; and
By accessing or using the Website or the Services, you (together with all persons accessing or using the Website or the Services, collectively, the “Users”) signify that you have read, understand and agree to be bound by this Agreement in all respects with respect to the Website, our provision of the Services, and your use of them.
BY USING THE WEBSITE OR THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT OR INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.
- Technician Services
- Technician Services. We provide certain defined, fixed-price services (the “Technician Services”) that you may arrange to purchase by submitting a booking request through our Website (a “Booking Request”). The Technician Services will be performed by a technician in your area who has a separate independent contractor agreement with us (the “Technicians”). TechEasy may subcontract the performance of the Technician Services to any person.
- Booking Requests. Once we accept your Booking Request, we will confirm your appointment via email with information about the Technician, which may include the Technician’s name and scheduled date and estimated time of arrival. You will also be able to contact the Technician by telephone or text message for the sole purpose of communication related to the applicable Technician Service.
- Timing and the Technician. Our ability to accept your Booking Request will be affected by your location, the Technician Service requested, the availability of qualified Technicians and other conditions beyond our control. We do not guarantee that your Booking Request will be accepted within any particular timeline or at all.
- Deposit. In order to secure an appointment for in-person Technician Services, we kindly request our customers to pay a deposit (the “Deposit”) in accordance with our deposit and cancellation policy found here (the “Deposit and Cancellation Policy”). Once the appointment time has been confirmed via email, customers will be required to submit payment of the Deposit to secure their appointment. Upon completion of the Technician Service to the customer’s reasonable satisfaction, the remaining balance of the invoice cost, minus the Deposit, will be due for payment and charged to the credit card on file with us.
- Cancellations and Rescheduling. We recognize that schedules and our customers’ needs can change unexpectedly. While we strive to be accommodating, it is important to note that such flexibility can result in our Technicians missing out on valuable job opportunities. By securing your appointment by paying the Deposit, you will be responsible for paying all fees associated with the cancellation or rescheduling of your appointment, if applicable, in accordance with our Deposit and Cancellation Policy found here.
- Rates and Fees.
- Technician Services. We set the rates for Technician Services (the “Technician Service Rates”), which will be provided to you during the Booking Request process. The Technician Service Rates exclude any materials required by the Technician to complete the Technician Service, as well as any Products (as defined herein) purchased in connection with the Technician Services. You acknowledge and agree that the cost of materials and any Products purchased in connection with the Technician Services will be in addition to the applicable Technician Service Rate. We reserve the right to modify or update the Technician Service Rates at any time and in our sole discretion.
- Quoted Services. From time to time, we may agree to provide certain services based on individually quoted rates (a “Fee Quote”). Unless otherwise stated, a Fee Quote excludes applicable taxes and the cost of any materials required to complete the service. You acknowledge and agree that a Fee Quote is an estimate only and that the final cost of the applicable service may vary from the Fee Quote. If we agree to provide you services based on a Fee Quote, except with respect to pricing, which shall be governed by this Section, the provision of such services shall be governed by these Terms of Service, mutatis mutandis, as if such services were Technician Services.
- Payment and Billing. You are responsible for paying the invoice for each Technician Service (the “Invoice”), which will include the pricing terms of the Technician Service. By submitting a Booking Request, you agree that you will pay for all Technician Services requested (including all materials, taxes, late fees and travel expenses, as applicable) (the “Technician Service Payment”), unless otherwise provided in this Agreement. You understand and agree that we will be responsible, in our sole discretion, for determining the Technician Service Payment amount in accordance with these Terms of Service and any agreement you make directly with the Technician regarding payment will not apply. We will charge your credit card on file with us according to the agreed upon amount between you and us for the Technician Service and any Products or add-ons, if applicable, minus the Deposit for in-person Technician Services, and you hereby authorize us to charge your credit card in the amount due for the Technician Service Payment immediately upon the Technician completing the Technician Service. You also authorize us to pre-authorize a charge to your credit card based on your Booking Request. We reserve the right, in our sole discretion, but are under no obligation to place a hold on any Technician Service Payment. If your payment does not go through, for any reason, you may be charged a cancellation fee in accordance with our Deposit and Cancellation Policy found here. You further agree that you are responsible for the timely payment of all Technician Service Payments and that any such Technician Service Payment made is non-refundable, unless otherwise determined in our sole discretion.
- Limited Warranty and Disclaimer.
- Limited Warranty. TechEasy represents and warrants that it shall perform the Technician Services using personnel of commercially reasonable skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.
- Notice of Breach. TechEasy shall not be liable for a breach of the warranty set forth in Section 1.8.1 unless you give notice in writing or over the phone by calling 647-501-0551 of the defective Technician Services, reasonably described, to TechEasy within thirty (30) days of the time when you discover or ought to have discovered that the Technician Services were defective.
- Remedy. Subject to Section 1.8.2, TechEasy shall use commercially reasonable efforts to fix the problem in a manner determined by us, which may include using the same or another Technician to attend the premises and fix the problem, or otherwise, at TechEasy’s discretion, reimbursing you for the amount you have paid for the Technician Service in kind.
- LIMITATION. THE REMEDY DETERMINED IN ACCORDANCE WITH SECTION 1.8.3 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND TECHEASY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.8.1.
- DISCLAIMER OF WARRANTIES. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.8.1 ABOVE, TECHEASY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TECHNICIAN SERVICES, PRODUCTS OR PARTS OR EQUIPMENT PURCHASED OR PROVIDED BY YOU IN CONNECTION WITH THE TECHNICIAN SERVICES, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; OR (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OF TRADE OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS IN RELATION TO THE TECHNICIAN SERVICES.
- Technician Safety. No service or repairs will be provided if a Technician refuses to enter a residence due to the presence of animals, insects, unsanitary conditions or unsafe conditions, or is unable to provide service due to equipment that is not readily accessible. Circumstances where equipment is not readily accessible for a Technician includes, but is not limited to, instances where your equipment is located in a crawl space, attic or an area where a Technician cannot safely or easily access including obstructions by items permanently or temporarily placed on or around the equipment. In such instances, we will not provide service for that equipment and will deem that equipment ineligible for service.
In the event of such unsanitary or unsafe conditions or where we determine that your equipment is not readily accessible, as determined by us acting reasonably, we may immediately terminate the Technician Service and retain your Deposit in accordance with our Deposit and Cancellation Policy located here.
- Broken Items. TechEasy is not responsible for items that break during the performance of Technician Services that were already in disrepair or susceptible to breakage, including because of age or the lack of reasonable care and maintenance. Further, it is your responsibility to remove any fragile or valuable possessions from around the area or equipment to be serviced.
- TechEasy Products
- Overview. In addition to the Technician Services, TechEasy also offers a selection of products which can be purchased on our Website (the “Products”).
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Service, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling if applicable. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
- Shipment; Delivery; Title and Risk of Loss. We will arrange for shipment of the Products to you or for a Technician to deliver the Products to you upon arrival in connection with the Technician Services. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges if applicable unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for any Products designated on the Website as non-returnable, we will accept a return of the Products, in their original condition, for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such Products are returned in their original condition. To return Products, you must call 647-501-0551 or email us at support@TechEasy.ca to obtain a Return Merchandise Authorization (“RMA“) number before shipping your Product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Returns may be subject to a ten percent (10%) restocking fee in our sole discretion.
Refunds are processed within approximately three (3) to five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.
- Removal and Replacement. In the event that a Product purchased from TechEasy has been installed by a Technician and removal of the Product is required, removal may be requested within thirty (30) days of installation by calling 647-501-0551 or by email at support@TechEasy.ca. TechEasy will arrange for a Technician to remove the Product within five (5) days of receipt of a request for removal. Provided that the Product is in its original condition and valid proof of purchase is provided, TechEasy will either replace the Product at the time of removal or provide a refund in accordance with Section 2.5 of these Terms of Service in TechEasy’s sole discretion.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the Products offered on our Website. The availability of Products through our Website does not indicate an affiliation with or endorsement of any Product or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the Products offered on our Website. However, the Products offered on our Website are covered by the manufacturer’s warranty as detailed in the Product’s description on our Website and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
- Goods Not for Resale or Export. You represent and warrant that you are buying Products from the Website for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.
- Promotional Codes
- Overview. This Section 3 applies to those promotions offered by TechEasy where you must redeem a promotional code as part of the offer (a “Promotion”).
- Eligibility. A Promotion is open to you if: (a) you are at least 18 years old or the age of majority in the jurisdiction in which you reside to participate in the Promotion; and (b) you are compliant with the Agreement. In order to verify your eligibility for a Promotion, we might require that you provide us with proof of age, identity and/or residence.
- Non-Stackable. Promotional codes provided by TechEasy cannot be combined or stacked with any other ongoing promotions, discounts, or offers unless explicitly stated.
- One-Time Use. Each promotional code is valid for a one-time use only. Once used, the promotional code becomes invalid and cannot be reactivated.
- Expiry. Promotional codes may have an expiration date and time, as specified by TechEasy. After the expiry, the promotional code will no longer be valid for use. TechEasy reserves the right to modify or cancel it at any time.
- Non-Transferable. Promotional codes are non-transferable and cannot be resold or exchanged for cash, credit, or any other form of value.
- Specific Use. Promotional codes may be limited to specific services, products, or categories, as communicated by TechEasy. The promotional code’s applicability will be determined based on the terms set forth in the applicable offer.
- Limited Availability. Promotional codes are subject to availability, and TechEasy reserves the right to modify, cancel, or discontinue any promotional code at its discretion.
- Redemption. Promotional codes are redeemable through TechEasy’s designated channels only, including the official website, mobile application, or customer service team.
- Errors. TechEasy does not assume any responsibility for any typographical or other error in the administration of the Promotion.
- Returns. If you return items purchased using a promotional code, TechEasy will subtract the value of the promotional code from your refund.
- Misuse. Any misuse or abuse of promotional codes, including but not limited to duplication, alteration, sale, or unauthorized distribution, may result in the promotional code being voided and further action taken in TechEasy’s sole discretion.
- Promotional Code Value. The value or discount associated with a promotional code is predetermined by TechEasy and may vary.
- Invalidity. If you violate any terms of the Agreement, the Promotion will be invalid, and the promotional code discount will not apply. Promotions are void where prohibited by law.
- Conflict. In the event that there is a discrepancy or inconsistency between the marketing of a Promotion and these Terms of Service, these Terms of Service shall prevail, govern and control and the discrepancy will be resolved in TechEasy’s sole and absolute discretion.
- The Peace-of-Mind Policy. We may choose, in our sole discretion, to provide a plan (the “TechEasy Promise”) to provide protection to Users who are not satisfied with the provision of a Technician Service. If you are not reasonably satisfied with the performance of a Technician Service and we find, in our sole discretion, that you meet the conditions set out in the TechEasy Promise terms available here (the “Peace-of-Mind Policy”) and incorporated by reference herein, we may, in our sole discretion and pursuant to the Peace-of-Mind Policy, seek to fix the problem in a manner determined by us, including using the same or another Technician, as applicable, to attend the premises and fix the problem, or otherwise reimbursing you for the amount you have paid for the Technician Service. Any protection afforded from the TechEasy Promise is subject to certain conditions, limitations and exclusions, as described in the Peace-of-Mind Policy.
- User Accounts. The Website and use of the Services may require you to provide us with certain information, including personal information (the “Registration Data”), and to create a user account (a “User Account”). It is a condition of your use of the Website and the Services that all Registration Data you provide us is correct, current, and complete. You may register on behalf of a corporate entity; however you acknowledge and agree that by providing Registration Data in such a capacity, you signify that you are authorized to enter into this Agreement on behalf of, and bind the entity to, this Agreement.
You must be at least 18 years old or the age of majority in the jurisdiction in which you reside to use the Website, create a User Account or provide Registration Data. By using the Website, providing Registration Data and/or creating a User Account, you signify that you are at least 18 years old or the age of majority in the jurisdiction in which you reside and acknowledge that you may not use the Website or the Services if you are under the age of 18 or the age of majority in the jurisdiction in which you reside.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided a User Account, your account is personal to you and you agree not to provide any other person with access (including partial access) to the Website or the Services using your User Account. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security. You also agree to ensure that you logout from your User Account at the end of each session. You are responsible for any password misuse or any unauthorized access. We reserve the right at any time and from time to time, to disable or terminate your User Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of the Agreement.
You have the right to deactivate your User Account at any time. You may deactivate your User Account by emailing us at support@TechEasy.ca, or by calling us at 647-501-0551. We may maintain a record of account and order history for deactivated User Accounts. If you voluntarily deactivate your User Account, you may reactivate that User Account at any time by contacting us via email at support@TechEasy.ca, or by telephone at 647-501-0551. User Accounts terminated by TechEasy for any reason, may not be reactivated without the consent of TechEasy, which may be withheld in TechEasy’s sole and absolute discretion.
- Payment Processor. Users are required to provide their credit card or bank account details to us in order to purchase Technician Services or Products. By doing so, you authorize us to provide this information to the third-party payment processor (the “Payment Processor”) we retain. You acknowledge and agree that the terms of the Payment Processor will govern your agreement and interactions with the Payment Processor and that our terms and policies do not govern and that we have no liability arising from your use of or access to the Payment Processor. Our Payment Processor is Stripe, Inc. (https://stripe.com/en-ca). You should review the applicable terms and policies of the Payment Processor, including its privacy and data gathering practices.
- Errors. TechEasy reserves the right to cancel an order for a Product, or on behalf of the applicable Technician, any Technician Service, where such Product or Technician Service was purchased or arranged based on any error, inaccuracy or omission, whether or not the order has been submitted, confirmed or your credit card has been charged.
- Your Responsibilities. By making a Booking Request, you represent and warrant that you have the right to grant the Technician access to the relevant premises to perform the Technician Service and will be present at such premises or will have a representative who is 18 years old or older present at such premises at all times while the work is being performed. You agree that the equipment required to conduct the Services will be readily accessible and that the premises will be absent of any unsanitary or unsafe working conditions. You further agree that you shall not assist the Technician, or otherwise participate in the work in any way and that TechEasy shall not have any liability to you for any damages or losses, including any personal injury, death or property damage, that may arise from your participation in the work.
- Prohibited Activities. You agree not to:
- submit a Booking Request for Technician Services or an order for a Product that you do not intend to pay for;
- use the Website or the Services to recruit or otherwise solicit any User or Technician to join third-party services or websites that are competitive to TechEasy or to use the Website or the Services to obtain work or services outside the provision of our Services; or
- use the Website or the Services to “stalk”, harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any other User or collect or store any personally identifiable information about any other User other than to facilitate the receipt or the provision of the Services.
- Prohibited Services. While using the Website or the Services, you further agree not to request, offer, negotiate, or complete any portion of a service that:
- would violate, or lead to the violation of, any applicable local, provincial, territorial, national or international law or regulation;
- encourage or facilitate illegal activity, pornographic or obscene services including sexual and escort services, offers and solicitations of prostitution, and pornography;
- you have no legal right to request or perform, or
- would be considered, in any way, to form part of a lottery, raffle, sweepstakes, affiliate marketing scheme, multi level marketing, pyramid scheme, or be related to spam, or any other form of solicitation that is not authorized by this Agreement.
- Intellectual Property Rights and Ownership. You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by TechEasy, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Notwithstanding anything else in this Agreement, “TechEasy”, the “TechEasy Promise”, the TechEasy logo and design and all related names, logos, product and service names, designs, images, and slogans are trademarks of TechEasy or its affiliates or licensors. You must not use such marks without the prior written permission of TechEasy. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website and the Services for your personal and non-commercial use unless TechEasy has agreed with you otherwise in a separate agreement. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. If you print off, copy, or download any part of our Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by TechEasy. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
- Photographs. A Technician may take a photograph of the outside of your residence to evidence their arrival or of the work completed for internal reporting purposes or marketing purposes. Such photographs will not contain the image of any person or any personal information without such person’s consent. You understand and agree that such photographs are owned by TechEasy and may be used for internal reporting purposes and marketing purposes.
- Safety and Security. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through their User Account are aware of this Agreement and comply with it.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information (including Registration Data) transmitted to us. Any transmission of personal information (including Registration Data) is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
It is possible that TechEasy, its affiliates or their respective assets may be acquired or transferred as part of a merger, acquisition or other change of control transaction. You understand that your personal information (including Registration Data) may be disclosed and transferred to the succeeding entity or proposed succeeding entity in connection with such a transaction or proposed transaction and hereby consent to such transfer.
- User Submissions: Grant of License. The Website may contain Interactive Functions allowing Users to post, publish or otherwise transmit content, material, and information to the Website (collectively, “User Submissions”). None of the User Submissions you submit to the Website will be subject to any confidentiality by TechEasy. By providing any User Submissions, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with this Agreement. You represent and warrant that all User Submissions comply with applicable laws and regulations.
You understand and agree that you, not TechEasy nor TechEasy’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other User.
- Site Monitoring and Enforcement, Suspension, and Termination. TechEasy has the right, without provision of notice to:
- remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion;
- at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating this Agreement;
- take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
- terminate or suspend your access to all or part of the Website or your User Account for any or no reason.
YOU WAIVE AND HOLD HARMLESS TECHEASY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TECHEASY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER TECHEASY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other Users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
- No Reliance. The content on our Website, as well as any information provided orally by a representative of Techeasy or a Technician, is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of such information.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither TechEasy nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
The Website may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by TechEasy, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TechEasy. Neither TechEasy nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
- Third-Party Websites. For your convenience, the Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
- Geographic Restrictions. The owner of the Website is based in Ontario, Canada. We provide this Website and the Services for use only by persons located in Canada. This Website and the Services are not intended for use in any jurisdiction where their use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
- DISCLAIMER OF WARRANTIES. EXCEPT AS EXPLICITLY SET OUT HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. NEITHER TECHEASY NOR OUR AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER (OTHER THAN TECHNICIANS ACTING IN SUCH CAPACITY) AND YOU HEREBY RELEASE TECHEASY AND OUR AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO, WHETHER DIRECT OR INDIRECT. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREE AND CLEAR TITLE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS IN RELATION TO THE WEBSITE AND ITS CONTENTS.
NEITHER TECHEASY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TECHEASY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL TECHEASY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE ACTUAL AMOUNT PAID BY YOU PURSUANT TO THE PARTICULAR TRANSACTION IN RESPECT OF WHICH YOUR CLAIM AROSE.
- Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TechEasy, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, Services, and products other than as expressly authorized in this Agreement.
- Governing Law and Choice of Forum. The Website and the Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Subject to Section 4.21, any action or proceeding arising out of or relating to this Website, or the Agreement will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
- Dispute Resolution. In case of a dispute in respect of the Services or this Agreement, you agree to first contact us and attempt in good faith to resolve the dispute informally by contacting us using the contact information provided in Section 4.31.
- Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from the Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Conflict. If there is a conflict or inconsistency between any welcome or renewal letters, enrolment forms or other supplementary information documents not explicitly included by reference into this Agreement, this Agreement shall prevail to the extent of such conflict or inconsistency.
- Severability. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Entire Agreement. This Agreement, including any terms and conditions incorporated by reference herein, constitutes the sole and entire agreement between you and TechEasy regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
- Headings. The headings in this Agreement are inserted for reference only and do not affect the interpretation of this Agreement.
- Force Majeure. We are not responsible for failing to perform our obligations or for any loss to you under this Agreement if we are prevented from doing so by events or circumstances beyond our control.
- Notice. We can provide notices to you by personal delivery, mail (including registered mail), telephone, text message or by e-mail at the address, phone number or e-mail, as applicable, associated with your User Account. If the contact information which you have provided us changes, you agree to promptly update such information associated with your User Account.
- Assignment. We may assign any or all of our rights and obligations under this Agreement or pledge the Agreement or proceeds thereunder as security for any obligation, without your permission. If you want to assign this Agreement to anyone else, you will need our written consent to do so.
- Amendments and Access. We reserve the right in our sole discretion to revise and update this Agreement from time to time without further notice. If we do so, we will post the latest version of this Agreement on our Website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review this Agreement in order to be aware of any such modifications and your continued use of the Website and the Services (including your continuing to make available your User Submissions) shall be your acceptance of this Agreement as revised. The date of the last revision or modification to this Agreement is set out at the bottom of this Agreement.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
- Contact Us. You can contact us in respect of feedback, comments, requests for technical support and other communications relating to the Website or the Services by phone at 647-501-0551 or by email at support@TechEasy.ca.
DATE: August 28, 2023